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NIHRC Rule 9 Submission to the Council of Europe Committee of Ministers in Relation to the Supervision of the Execution of Judgments and of Terms of Friendly Settlement: Gaughran v. the United Kingdom

Read the Northern Ireland Human Rights Commission's Rule 9 Submission to the Council of Europe Committee of Ministers in Relation to the Supervision of the Execution of Judgments and of Terms of Friendly Settlement: Gaughran v. the United Kingdom - Application No. 45245/15.

Date produced: December 2023.

Below is a summary of the Commission's recommendations and messages.

You can also download the full document through the links provided.

The Commission recommends:

• The NIHRC believes that the maximum years of retention across the proposed ‘75/50/25’ model is too broadly constituted, disproportionate and is incompatible with Article 8 ECHR.
• The NIHRC has recommended that the Department of Justice NI considers revising the model proposed so that the retention of biometric material for offences is more tailored and proportionate to the offence and the circumstances.
• The NIHRC has also recommended that the Department of Justice NI makes clear whether biometric material is retained after death and if so, when and in what circumstances it will be utilised including in respect of other family members and that human rights considerations are fully taken into account before any such approach is adopted.
• The NIHRC is concerned that the blanket retention of biometric data under the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, even if it is only for those whose biometric data was obtained prior to a certain date, is not proportionate, in line with Article 8 ECHR.
• The NIHRC is concerned that the absence of an express provision linking biometric retention with the purposes of the ICRIR’s work, under the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, is not proportionate as required by Article 8 ECHR.